1. following question u/s 256(1) of the IT Act, 1961 for opinion of the court :

"Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the transaction of purchase and sale in question was a finding in the nature of a trade and surplus of Rs. 15,139 was assessable to tax as the assessees income ?"

2. The case has a chequered history and it is not necessary to give the facts. The question relates to the profit derived from the purchase and sale of some land. The ITO was of the opinion that the transaction purchase sale of the land by the assessee amounted to an adventure in the nature of trade. Consequently, he added the income of profit from the said transaction to the total income of the assessee as business income. The assessee went up in appeal before the AAC who affirmed order of the ITO and dismissed the same. Against that judgment, he went up in appeal before the Tribunal. In the appeal, a difference of opinion arose between the Accountant Member and the Judicial Member. The Accountant Member came to the conclusion that the income was agricultural income and this was not liable to tax. He did not advert to this aspect